Drendolyn Sims v. Mike Stanton

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DRENDOLYN SIMS, No. 11-55401 Plaintiff-Appellant, D.C. No. v. 3:09-cv-01356-

JM-WMC

MIKE STANTON ,

Defendant-Appellee. ORDER AND

AMENDED OPINION

Appeal from the United States District Court for the Southern District of California Jeffrey T. Miller, Senior District Judge, Presiding

Argued and Submitted August 8, 2012—Pasadena, California

Filed December 3, 2012 Amended January 16, 2013

Before: Stephen Reinhardt, Barry G. Silverman, and Kim McLane Wardlaw, Circuit Judges.

Order; Opinion by Judge Reinhardt SIMS V . STANTON

SUMMARY*

Civil Rights

The panel reversed the district court’s summary judgment granting qualified immunity to a police officer and remanded in this action brought under 42 U.S.C. § 1983.

Plaintiff suffered serious injuries as a result of the officer’s act of kicking down the front gate of her yard. She alleged that the officer violated her Fourth Amendment rights by his warrantless entry into the curtilage of her house during his pursuit of a suspect, who had committed at most a misdemeanor offense. The…